St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22
district or districts in which said tie vote 90

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the congress of the United States, meet at the
seat Of government OF this state and then and
there perform the duties enjoned on them by the
! constitution and laws of the United States.
Sec. 40. Every elector OF president and vice
president of the United States shall before the
| hour of twelve on the day next preceding the
| DAY liked by law OF congress to elect president
ana vice president, give notice TO the governor
That he is at the seat OF government and is ready
AZ the proper time to fulfill the duties of an
elector; and the governor shall forthwit h deliver
TO the electors present certificate of all the
names lanes OF Inc s electors; and if any electors
named theren faIs TO appear before nine o o'clock
on the morning of the day OF election of pn--
dent and vice president of the United States. u.
electors then present shall immediately proceed
| to elect by ballot, in the presence of the Cow
ernor persons to fill such vacancies
| SEC. 16 If more than the number of nersona
required TO fill such vacancy as aforesaid have
the highest and equal number of votes.
the Governor, IN the presence of the electors at
tending, shall decide, by lot, which of said per-
sons shall be elected otherwise they 10 fine
number required, having the greatest number OF
votes shall be considered elected TO fill such va.
| cancies.
SIC. AT Immediately after such choice ia
| made the names Of the persons chosen shall
be certified to the governor by the electors MAX
| ing such choice, and the governor shall cause i'm
mediately notice to be given in writing TO the
electors so chosen. and to fill such vacancies
and the persons SO chosen shall be electors and
| shall meet the other electors at the same time
and place, and then and there discharge all and
singular the duties enjoined on them as electors
| aforesaid by the constitution and laws OF tho
United States and Of this state.
SEC. 4S. Every electOr attending at the seat
OF government, as aforesaid, shall receive three
dollars for every days attendance, and three
dollars for every twenty miles travel going TO
and returning from. the seat OF govern inent, es-
timated from his place of residence by the most
| usual route Such sum shall be allowed by the
auditor upon the certificate OF the governor. and
paid by the state treasurer out of any money in
| the treasury not otherwise Appropriated
SEC. 40. At the close of the canvass as pro.
vid ID in section thirty nine. the board of can
vassera shall declare he person having the high
| est number OF votes for any county office dulv
elected subject TO an appeal TO the district court
for the proper county; and, in case said county
contain a senatorial or representative disLricl
! then the person having The highest number Of
! votes for senator or representative shall be de-
| clared by said board duly elected In case of
appeal notice thereof shall be entered with the
| clerk of said court within twenty days after
the day of election.
| SEC So The county auditor shall make ort
for every county officer eecced and also for each
of the senators and representatives elected TO
| the legislature if such county constitutes a SEN
| atoral representative district, certificate OF
such election, and shall deliver the same to the
person entitled thereto, upon demand. without
fee; and he shall also make out for any candi-
| date or elector Of his county a statement OF
votes, provided IN sections thirty-nine, forty
and forty-one, upon being paid therefor ona
dollar.
SEC. 81 The county auditor of each county
which does not constitute q representative or
senatorial district shall make o1t from the re-
turns OF his office a statement Of the votes for
members of the senate and house Of representa-
tives, which ne shall seal and direct TO the
county auditor of the senior county in each SEN
atorial or representative district respectively,
and if there be two or more counties in such
district of the age, then the returns shall
be directed to the auditor OF the county polling
the greatest number OF votes at tue last pre-
cedng general election; and said auditor shall
| forward such statement TO the proper auditor
| within fifteen days after the election.
| SEC. 50. When two or more counties are COM
prlsed IN one senatorial district the auditor of the
senior county, or of the county TO which returns
are to be made, shall, on the twentieth day after
wi txy Htrnr aI
| the district as choose to attend at his Office call
| to his assistance two justices of the peace and
the chairman of the board of county commits
sioners of his county, and then and there open
the returns of the votes given in the several
| counties or portions of counties comprising such
senatorial district: said auditor of the county
to which the returns are made shall immedI-
ately make out certificates OF election for the
persons having the highest number of votes in
| such senatorial district for the members of the
legislature which certificate shall be delivered
| to the persons entitled thereto.
| SEC. So. If on proceeding to canvass the votes
| 1t shall appear to said board of canvassers or a
majority thereof, that in any statement pro-
duced TO them certain matters omitted in
such statements THAT should have been inserted
| or that any mistakes that are clerical merely,
exist, they shall cause the said statement to be
sent. by one OF their number or by MESSENGER
| whom they shall depute for that purpose. to the
county or district canvassers OF the county,
| town or district from which such statements
were received, to have the same corrected: and
the person so deputed shall inma diately pro-
coed and give notice to the said county, town or
district canvassers, whose duty it shall be forth
with to assemble together and make such COR
REGIONS as the facts of the case require: but
| such county, town or district canvassers shall
not at such meeting change or alter any de-
| cision before made by them, but shall only
| % use their canvass to be correctly stated: and
| sach board Of cauvassers are authorizs d TO ad-
Journ from day to day for the purpose of obtain
Ing aid revising such statement. such adjOurns
! ment not to extend beyond ten days
| SEC. 54 Whenever there is no election
of any state or county officers, or OF the
required number of members of the house OF
| representatives or senate, or of REPRESENTATIVES
in congress by reason OF any two or more per-
sons having an equal and the highest number Of
| votes for any such office: or whenever any va
| cancy occurs in any OF the said offices, which
| said vacancy is not otherwise provided for, the
| governor, within ten days after he is informed
Of such vacancy or failure to elect, shall issue
proclamation directing that special election be
held IN the proper election district districts,
at a time 10 be specified in the proclamation,
not more than twenty days from the date there
of. to fill such Office and said election shall ba
| called IN the manner hereInbefore provided for
calllng elections, and the same shall be held and
| conducted, and the returns thereof made and
| canvassed IN the same manner general cleo
tions are held, conducted, and the returns there
of made and canvassed; provided, that If the
vacancy occur in the office of representative in
| congress, or state senator, or the member of the
house of Representatives, and there be no session
| OF the legislature or congress between the hap
| pening of such vacancy and the next general
election occurring fifteen or more days there
after, such vacancy shall be filled at said gem
| eral election.
| SEC. 55. On elections to fill any vacancy I'M
| der the preceding section, the auditor shall.
| within fifteen DAYS after such elections trans
NIT statements OF the votes given, TO the Office
| OF the secretary OF state and take his receipt
therefor, under the penalty OF five hundred
dollars fine, to be recovered from him in civil
action in the name of the county: and the
county treasurer for the time being shall sue for
and recover the penalty, for the use OF the
county.
Sec. sc. If vacancy occur in the senate Oh
house OF representatives for any cause and II
the county composing the district in which such
vacancy occurs have been divided alter the cleo
ton OF member whose seat is vacant such
election shall be ordered in every county, or
part OF any county. OF which such district was
originally composed; but no person shall be-
permitted to vote at such election who does not
at that time reside within the limits of the orig
lnal county or district in which the vacancy oc-
Cured.
Sec. 81. Any candidate or eector of the proper
county, senatorial, judicial or election district
wishing to contest the validity of an election or
the right or any person declared duly elected to
the senate or house of representatives in this
state, or TO contest his right TO q seat therein
shall give notice thereof in writing to the per-
son whose election or right to seat he intends
TO contest, or leave a written notice thereof at
the house where such person last resided. within
twenty days after the votes have been canvassed
DIV tne county canvaSslng board. specifying the
points on which the election will be contested
and naming two justices of the peace of the
COUNTY IN which he resides, who will officiate az
the taking of the depositions and when and
where they will attend TO take the same; all such
notices shall be served at least ten DAYS befors
the day designated therein for the taking of
such depositions, but the time fixed for taking
the same shall not exceed forty-tive DAYS from
the day of election.
Sec. IS. The said justices or either of them.
shall issue SuhpnnaS all Dersnos xrbose